Abhishek Balmik vs The State Of Madhya Pradesh
2024 Latest Caselaw 4418 MP

Madhya Pradesh High Court

Abhishek Balmik vs The State Of Madhya Pradesh on 15 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 640 of 2024
                                        (ABHISHEK BALMIK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-02-2024
                                  Shri Rajesh Pathak, learned counsel for the Petitioners.

                                  Shri Rohit Shrivastava - P.L. appearing on behalf of Advocate General.
                                  Heard on the question of admission.
                                  Let record of the trial Court be called for.
                                  Also heard on I.A. No. 3045/2024, which is first application under
                           Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail to the

                           petitioners No. 1 to 3 namely - Abhishek, Ravi and Dharmendra respectively.
                                  T h is Criminal revision assails arising out of the judgment dated
                           30.01.2024 in Criminal Appeal No.123/2023 passed by the Third Additional
                           Judge to the court of First Additional Session Judge, Ashoknagar confirming
                           the order dated 21.08.2023 in criminal Case No.982/2022 passed by the JMFC,
                           Dist. Ashoknagar, whereby the petitioners No. 1 to 3 have been convicted for
                           the offence under section 325/34 of IPC and sentenced them to undergo
                           rigorous imprisonment of One year each with fine of Rs.1000/- each with
                           default stipulation.

                                  Learned counsel for the petitioners No. 1 to 3 submitted that learned trial
                           Court has wrongly convicted the petitioners without appreciating the evidence
                           properly available on record. Further submission is that there are material
                           omissions and contradictions in the statement of the prosecution witnesses.
                           Petitioners were on bail during trial and never misused the liberty so granted.
                           Therefore, learned counsel for petitioners at this stage orally prays for grant of
                           temporary suspension of sentence and grant of bail for a limited period.
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 15-02-2024
06:00:11 PM
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                                  Per contra, learned Panel Lawyer for respondent/State opposed the

application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No. 3045/2024 is partly allowed to the extent of temporary suspension of sentence for a period of two months. Accordingly, it is directed that petitioners No. 1 to 3 be released on temporary bail for a period of two months from the date of their release on furnishing personal bond to the tune of Rs. 50,000/-(Rupees Fifty Thousand Only)

each with one solvent surety each of the like amount to the satisfaction of the concerned trial Court.

Temporary bail is given only for two months and the petitioners shall have to surrender on completion of the period of two months before the trial Court and the trial Court shall submit surrender report in this regard before this Court on the next date of hearing.

List the case on 13.03.2024.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar